From the HSLDA E-lert Service:


6/12/2012 10:58:19 AM
Mike Smith HSLDA--Roy Hanson FPM
California: AB 2109--Vaccination Waiver Threatened--Letters Needed

From the HSLDA E-lert Service...

From: Mike Smith -- HSLDA and Roy Hanson -- Family Protection

Bill: AB 2109 (Pan) as amended 4/23/12
Subject: Vaccination Waiver Threatened--Attack On Parental Rights!

Position: Strongly OPPOSE

Your help is urgently needed again!

AB 2109 is more than just a bill about opting out of vaccination
requirements. Take the word "vaccine" out of the equation and ask,
"Should anyone have to get permission to opt out of any medical
procedure, especially those that allegedly prevent rather than cure a

This bill would set a dangerous precedent for further government
takeover of what has historically been the responsibility of
parents--to make voluntary informed decisions concerning the medical
care of their children. We must be vigilant to hold our ground against
AB 2109 so that we are not forced to hand over our medical,
life-changing decisions to a government-mandated program or agency.
Your help is key to the defense of our freedoms, so it is critical
that you read every alert and take the suggested action in each one
ASAP. Quickly pass these alerts on to others who might respond.

Status: Passed Assembly: Health Committee, Appropriations Committee,
and entire Assembly--sent to the Senate.

Hearing set for Wednesday, June 27, 2012 in California State Senate
Health Committee

Summary of Concern:
AB 2109 creates a new additional requirement for parents who choose to
use the current right to a personal beliefs waiver to exempt their
child from one or more of the vaccinations required for school
enrollment. AB 2109 would require a parent to obtain the signature of
a doctor, stating that he has provided the parent with information
about the benefits and risks of vaccinations and about specified
communicable diseases, before their child would be exempted. This
would apply to all children regardless of what type of school they are
in, including a private homeschool. The personal beliefs waiver, by
itself, would no longer be enough. In short, AB 2109 would
effectively take away the parent's right to independently make an
informed voluntary decision regarding the health care of their
children--the choice of which vaccines, if any, their children will
receive. AB 2109 would set dangerous precedent, leading to further
erosion of the right of parents to make voluntary decisions in the
best interest of their children in all health care decisions.

Information Included In This Email:
A. Action Items
B. Opposition Points to Share with Legislators
C. Background Information

A. Action Items:

1) Please write a letter soon, within the next few days, to the member
of the Senate that represents your district. Legislators no longer
get many letters, so your letters will have a powerful impact. Please
use this link to find out which senator is representing your district: .

The following is an example of how to format your letter:

The Honorable (First & Last Name)
California State Senate
State Capitol
Sacramento, CA 95814

Dear Senator (Last Name):

"Please oppose AB 2109 (Pan). I oppose requiring parents to arrange
an office visit to obtain a doctor's signature as a new added
condition for exempting their child from vaccinations on the basis of
personal beliefs.

(You may also refer to the "Opposition Points to Share with
Legislators" for additional ideas that you could include in your

Thank you.

(Your Name)

(Be sure to include your full address and print or type your first and
last names.)

2) Please send a copy of your letter to the Senate Health Committee.

3) Please send a copy of your letter to the member of the Senate
Health Committee according to the first letter of your last name, as
indicated in the alphabetized list below.

For Action Items 1 & 3 above, please either mail and/or fax your
letter. When mailing your letter, use the address in the letter
example above.

For Action Item 2 above, please mail your letter directly to the
Senate Health Committee at the following address:

Attn. Senator Ed Hernandez
Senate Health Committee
State Capitol, Room 2191
Sacramento, CA 95814

> Always contact legislators as a parent and citizen. This bill
directly affects all families with children.
> Do not disclose the source of this Alert. All bills are available on
the Internet.
> Pass this on to your friends, church, school, and group.
> Pray for a proper outcome.

For Action Item 3 above, please write to the member of the Senate
Health Committee according to the first letter of your last name, as
indicated in the following list. If desired, you may write additional
letters to any or all of the legislators from the list below.

California State Senate Committee on Health

Ed Hernandez
Fax: 916-445-0485

Tom Harman
Fax: 916-445-9263

Elaine Alquist
Fax: 916-324-0283

Joel Anderson
Fax: 916-447-9008

Sam Blakeslee
Fax: 916-445-8081

Kevin de Leon
Fax: 916-327-8817

Mark DeSaulnier
Fax: 916-445-2527

Michael Rubio
Fax: 916-327-5989

Lois Wolk
Fax: 916-323-2304

B. Opposition Points to Share with Legislators:

AB 2109 is an attack upon parental rights and an attack on religious
and personal conscience liberties. It imposes a requirement that, in
effect, will take away the current guaranteed right of a parent to
exempt their child from any or all required vaccinations for school
enrollment. The law already allows for non-vaccinated students to be
restricted from attending a school while there is an outbreak of
particular communicable diseases.

Parental rights attacked
AB 2109 violates basic parental rights by forcing parents into a paid
contractual relationship with a health care provider they might not
otherwise utilize for their children's health care.

AB 2109 forces health care practitioners into a gate-keeping role that
creates a hurdle for parents desiring to freely exercise their
parental rights to direct the health care of their children.

AB 2109 forces parents to attempt to arrange an office visits with
healthcare providers, hoping they will obtain the required signature
of the doctor. There is no requirement that the specified health care
providers schedule the appointment, or charge an affordable rate, or
give the parent their signed statement required to receive the
immunization exemption.

Personal Conscience & Religious Freedom Attacked
While a visit with and signature from a physician is appropriate for
the allowed "medical exemption," it is not appropriate for the
"personal beliefs exemption." It is a violation of basic rights for
the state to put physicians in a role where they can and will attempt
to influence the personal beliefs or the religious beliefs of the

Impractical & Unworkable For Many Parents and Therefore Selectively
Discriminatory by Its Very Nature
It may be difficult to find health care providers in California who
will be willing to provide information on required immunizations and a
subsequent signature, based on their busy and already overwhelming

AB 2109 ignores the fact that some parents who have a personal belief
that any required vaccination is not appropriate for their child may
not have a regular doctor for their child and family, and from whom
they could readily get the required documentation. Many doctors'
offices are not taking new patients. This has already been
frighteningly illustrated in Washington State, where they passed
essentially the same law last year.

Health care practitioners cannot fully educate a parent regarding the
risks and benefits of each required vaccination and the health risks
of the related diseases in 20 minutes or less. A study in Pediatrics
Magazine showed 80% of parents reported that "well" visits lasted less
than 20 minutes. One third of parents reported visits of less than 10

There is no guarantee that, just because you pay money to a provider,
you will get a signature. In fact, you probably won't get one without
repeated appointments with different doctors. Doctors will not want
to sign these either for fear of liability or simply because they
believe that all children should be vaccinated.

Creates Financial Hardship for Many Families
AB 2109 would impose a burden on families both financially and time
wise. It requires
parents who believe that a particular vaccination or all vaccinations
are not in the best interest of their child to make and pay for an
appointment with a specified health care practitioner to obtain their
signature on a document. This document declares that the practitioner
provided the required information to the parent. This information is
available for free on the web.

AB 2109 will negatively impact many poor or disabled parents by
forcing many to make difficult trips to doctors' offices to find one
who would sign the proposed new required form. Many have jobs that do
not have the flexibility to take time off merely for an information
appointment. Insurance will likely not cover such appointments and
therefore must be paid for by the parent.

This requirement is clearly an obstructive roadblock to prevent
parents from being able to get a "personal beliefs" exemption for
their child.

Physicians--Financial Conflict of Interest
A parent is forced to pay for information from a health care provider
and then hope they can get their required signature. Reports from the
state of Washington, which implemented this requirement last year, are
that doctors are pressuring parents to join their practice. This is a
coercive way of throwing more business toward the classes of health
care providers specified in the bill while excluding other sources of
the same information, many of which are free.

Physicians--Philosophical Beliefs Conflict of Interest
Health care practitioners should not have anything to do with a
parent's personal beliefs exemption.

AB 2109 gives the physician the power to refuse to give an
appointment. Even if he sees the parent, he is not required to sign
the statement that is required for the "personal beliefs exemption."
A parent could spend the money and time to get a dozen appointments
and still not receive the required signature!

This bill requires parents who are exercising their rights under the
law to pay money to be harassed by someone who disagrees with their

Physician-Patient Relationship Negatively Affected
AB 2109 will likely have a very negative impact on some doctor-patient
relationships. This bill requires a health care practitioner to sign
a form that acknowledges a child will be exempt from a vaccination.
This will be repugnant to some health care practitioners who will not
sign the required statement and will result in the development of an
unfortunate adversarial relationship between some patients and their
doctors. Many families will likely even lose their doctor over this,
as has happened under Washington state's similar law implemented last

C. Background Information:

AB 2109 would add a new requirement for parents who choose to use the
current right to a personal beliefs waiver (HSC Section 120365) to
exempt their child from one or more of the vaccinations required for
school enrollment. This bill would require a new additional Public
Health Department form, documenting that a specified health care
practitioner has provided information to the parent about the benefits
and risks of all required vaccinations and the health risks of
specific communicable diseases. This new form must have the health
care provider's signature, indicating that the parent has received
that information and is to be given by the parent to the school.

Significantly, the author of AB 2109 has refused to amend his bill to
require that the health care provider sign this form once the health
care provider has provided the parent with the required information.
This is a critical omission. After all, the parent has made and kept
the appointment and paid for this office visit specifically for this
purpose! Having paid to listen to the health care practitioner's
information and having thus fulfilled the parent's part of the
condition for obtaining the personal beliefs waiver, it is
unreasonable for the parents not to be able to know for sure that the
health care practitioner will sign the needed form. And this is the
whole reason for the appointment. Without the provider's signature on
the form, their child will not receive the personal beliefs exemption
from required vaccinations if this bill passes. This is unacceptably

This proposed requirement in AB 2109 would apply to all pupils
enrolled in a public or private school (including homeschools). Under
current law, parents may exempt their child from any or all of the
required immunizations by one of two ways: (1) a medical waiver (HSC
Sec. 120370) by a statement from a physician or (2) a personal beliefs
waiver (HSC Sec.120365) by a parent signing a statement on the
immunization form (blue card) that reads:

Personal Beliefs Affidavit to Be Signed By Parent or

I hereby request exemption of the child, named on the front, from the
immunization requirements for school/child care entry because all or
some immunizations are contrary to my beliefs. I understand that in
case of an outbreak of any one of these diseases, the child may be
temporarily excluded from attending for his/her protection.

Most people are not aware of the severe reactions and deaths
attributed to certain vaccines. For more information and resources on
benefits and dangers of vaccinations please visit: .

Parents who want to "waive" one, or more, or all vaccinations for
their children should make sure their school's immunization records
for each of their children reflect their desires. Waivers for
vaccinations are documented by signing the back of the immunization
form, which you can link to from our website at . This form must be kept in
the permanent file for each school-age child enrolled in your school.

Permission is given to forward this e-lert unaltered to your friends,
church, school, and group.

For information on how to contact your state assembly member and state
senator, please visit:

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taking a moment today to join or recommend us and support our work
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